Entering US with valid RP, but after more than 2 years' abcense

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Filipok

Registered Users (C)
I entered the US 1st time as a GC holder in April 2008. Spent a few days and left. In August, I came to the US again and applied for a Reentry permit, then passed biometrics and left in October, had the Reentry Permit sent to a different country in November, 2008. My RP is valid until November 2010.

If I enter the US in November 2010 just before it expires, i will have been abroad for over 2 years, but the RP will still be valid. Will i have a problem in this case? If so, would it be better to enter the US somtime before i've been away for 2 years (this summer, for example), then leave, and then move there permanently in November?

Any advice is highly appreciated.
 
Very likely you will have a problem. You'd better reenter before two years expire, or right on that day.
 
You could probably argue that the rentry permit allows you to reenter the country during its period of validity.

But remember, there was a case of a guy who lost his green card even thought he attempted to return to the US with a valid permit. He was not able to demonstrate that he was returning from a visit abroad that was temporary in nature. Which may be your problem as well.
 
That is not that simple.
The document http://www.millerlawoffices.com/publications/CBP/CBP IFM Feb 1 2008.pdf sets the instructions for the CBP border inspector. It mentions reentry permit several times.
Two important ones:
The primary inspector shall admit a resident alien returning to an unrelinquished domicile, if not otherwise inadmissible under section 212(a), upon presentation of an unexpired Permanent Resident Card (Form I-551), a reentry permit, refugee travel document (indicating lawful permanent residence), or temporary evidence of LPR status such as an Alien Documentation Identification and Telecommunication (ADIT) stamp. The question of whether or not a returning resident is seeking admission as defined in section 101(a)(13)(C) of the Act or has relinquished his or her domicile is a complex one, and is discussed in Chapter 13.4. Since all but the earliest version of Forms I-551 are machine readable, conduct an IBIS query, where available, to verify the card’s continuing validity.
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An LPR who has been outside the United States for more than one year (two, if presenting a reentry permit), may have abandoned residence. Other indicators of possible abandonment of residence are employment abroad, immediate family members who are not permanent residents, arrival on a charter flight where most passengers are non-residents with return passage, lack of a fixed address in the U.S., or frequent prolonged absences from the United States. In questionable cases, it is appropriate to ask for other documentation to substantiate residence, such as driver’s licenses and employer identification cards. [Procedures for processing abandonment of residence cases are discussed in Chapter 17.10];
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I conclude that if the absence is more than one year, both the reentry permit should be unexpired (referencing the first quote) and the absence should be not more than 2 years (referencing the second quote). The 2-year limit is set regardless the reentry permit is expired or not.
 
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The permit may be used until it expires, even if it's been more than 2 years.

However, a finding of abandonment of residence may be made even if you have a reentry permit and returned before less than 2 years. If they determine that you abandoned residence, it's not going to be because you stayed for 25 months instead of 23 months; they're going to look at your ties to the US and whether your trip abroad was for a temporary purpose.
 
Thanks for your replies. Here's the plan

-Enter the US for a few days before I've been abroad for 2 years - sometime this Summer.
-Leave the US after a few days, then enter again with a one way ticket a few days before RP expires in Fall 2010, 3-4 months after the Summer "visit" (i know i shouldn't be using this term).
-Then i'll have to leave the US a couple of times for a few days each time in Fall-Winter to finish something i'm working on in my current country of residence. I'll be leaving buying round trip tickets starting and ending in the US. At that time my RP will have expired, but I will be rentiing a place in the US, get a new driver's license and other evidence of my intention to stay there.

How risky do you think this plan is and what are the risks?
 
The permit may be used until it expires, even if it's been more than 2 years.
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That would make some common sense. However, the official CBP inspector's manual says something opposite. That is why it cannot be used until it expires for more than 2 years absense. Obviously, common sense cannot be used in case the question is clearly answered in the official manual opposite to common sense.
 
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raevsky said:
That would make some common sense. However, the official CBP inspector's manual says something opposite. That is why it cannot be used until it expires for more than 2 years absense. Obviously, common sense cannot be used in case the question is clearly answered in the official manual opposite to common sense.
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can you post link to CBP manual where it is clarified for above two yrs entery of LPR with reentry permit
 
can you post link to CBP manual where it is clarified for above two yrs entery of LPR with reentry permit
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Post #4 has the link. That is both an official inspector's field manual and a policy level document

Because I want to live in the US, but have to stay abroad until this autunm due to pesonal circumstances.
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Generally, the only group of people who are allowed long absenses from the US are full time students, studying abroad. Provided they do not work full time (work to support sudies is allowed), are not married with the spouse present with them and working full time, e t.c. Full time students could even be issed two consecutive 2-year reentri permits.
 
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Yes, i know i'm rolling dice. Worst comes to worst i'll just stay in Europe. Not as good as the US, but still ok.
 
raevsky said:
Post #4 has the link. That is both an official inspector's field manual and a policy level document

Generally, the only group of people who are allowed long absenses from the US are full time students, studying abroad. Provided they do not work full time (work to support sudies is allowed), are not married with the spouse present with them and working full time, e t.c. Full time students could even be issed two consecutive 2-year reentri permits.
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i had secured a RP and been abroad for almost 2 years as i was a fulltime student, and i returned soon after graduation. does any of that time count towards my 5 year continous residency requirements ? to be eligible for naturalization ?

4 years and 1 day after returing from the trip to my native country ( having secured re-entry permit) of 23 months ?
or can i use the whole 2 years ? so i can apply after 3 years after entering usa?

in between i am not married to a USC
 
364 days of your absense counts. So , you can apply 90 days before you are present continiously for 4 years and 1 day after returning.
 
In the legal documents may has the meaning shall, must
http://www.merriam-webster.com/dictionary/may

Main Entry: 1may
Pronunciation: \ˈmā\
Function: verbal auxiliary
Inflected Form(s): past might \ˈmīt\ present singular & plural may
Etymology: Middle English (1st & 3d singular present indicative), from Old English mæg; akin to Old High German mag (1st & 3d singular present indicative) have power, am able (infinitive magan), and perhaps to Greek mēchos means, expedient
Date: before 12th century
1 a archaic : have the ability to b : have permission to <you may go now> : be free to <a rug on which children may sprawl — C. E. Silberman> —used nearly interchangeably with can c —used to indicate possibility or probability <you may be right> <things you may need> ; sometimes used interchangeably with can <one of those slipups that may happen from time to time — Jessica Mitford> ; sometimes used where might would be expected <you may think from a little distance that the country was solid woods — Robert Frost>
2 —used in auxiliary function to express a wish or desire especially in prayer, imprecation, or benediction <long may he reign> <may the best man win>
3 —used in auxiliary function expressing purpose or expectation <I laugh that I may not weep> or contingency <she'll do her duty come what may> or concession <he may be slow but he is thorough> or choice <the angler may catch them with a dip net, or he may cast a large, bare treble hook — Nelson Bryant>
4 : shall, must —used in law where the sense, purpose, or policy requires this interpretation
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This is a policy level document, and it sets the policy.
Definitely, the first meaning (archaic) is not used in legal documents. It is not the purpose of inspector's field manual to express wishful thinking either. It just sets the policy and makes precise recommendations.
 
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So what is conclusion on above two yrs absence with Valid renentry

The discussion on Reentry really become interesting. So what is now conclusion with above two yrs absence witth valid reentry permit.

Also i read on this thread that they are liberal to students.

If some one obtained Rentry based on their daughters study (above) 18 yrs age, do they will be linient to only Daughter or to all family for ABOVE two YR rentry with Valid rentry permit
 
pmpforgc said:
The discussion on Reentry really become interesting. So what is now conclusion with above two yrs absence witth valid reentry permit.
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There isn't going to be agreement here.

However, there are some instances in this forum of people successfully returning after the 2 years with an unexpired reentry permit, and none (that I know of) of people being being refused entry or sent to an immigration judge while having an unexpired RP just because it's been more than 2 years.

Also i read on this thread that they are liberal to students.

If some one obtained Rentry based on their daughters study (above) 18 yrs age, do they will be linient to only Daughter or to all family for ABOVE two YR rentry with Valid rentry permit
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The lenience would normally be only to the one who is studying, and to the spouse and children of the student if they went abroad to stay with the student. But not for the student's parents, siblings, or grandparents.
 
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